You didn't show us the initial appeal rejection reason from CP Plus and you didn't show us what you submitted to POPLA.
For now, submit the following as a formal complaint to GroupNexus as a PDF attachment to an email to: info@groupnexus.co.uk and also CC in yourself.
Complaints Team
GroupNexus
Jack Straws Castle
North End Way
London
NW3 7ES
Delivered by email to: info@groupnexus.co.uk
Subject: Formal Complaint – Procedural Breach and Unfair Enforcement During POPLA Appeal
PCN ref: [PCN number]
Date
Dear Complaints Team,
I am writing to formally lodge a complaint regarding your enforcement actions in relation to Parking Charge Notice (PCN) [PCN Reference Number], issued for an alleged parking contravention at Hicks Lodge, National Forest Cycle Centre.
Grounds for Complaint
Your actions in continuing enforcement processes while my appeal is pending with POPLA constitute a serious procedural breach of industry standards, including the Private Parking Single Code of Practice (PPSCoP). Specifically:
1. Issuing Reminder Letters and Debt Recovery Action During a Pending POPLA Appeal
• I submitted a formal appeal to POPLA on [Date of POPLA Appeal Submission], which is currently awaiting adjudication.
• Despite this, I received a "Parking Charge Reminder and Legal Action Pending" letter, dated 17th February 2025, which improperly threatens further enforcement action before the independent appeals process has concluded.
• This is a clear violation of consumer protection expectations and suggests an attempt to pressure me into paying rather than allowing the appeal to be fairly adjudicated.
2. Breach of the Private Parking Single Code of Practice (PPSCoP)
• The PPSCoP explicitly states that enforcement action must be paused while an appeal is under review by an accredited ADR provider (such as POPLA).
• Your decision to continue enforcement action before the appeal is decided contradicts fair appeals procedures and is unacceptable.
3. Violation of the DVLA’s Keeper at Date of Event (KADOE) Contract
• The KADOE contract governs your access to vehicle keeper data and requires strict compliance with all relevant industry codes of practice.
• Since the PPSCoP is referenced within BPA governance, your breach of the PPSCoP also constitutes a KADOE contract violation.
• This matter will be escalated to the DVLA for investigation, as the consequences of such a breach could result in sanctions or suspension of your ability to access registered keeper data.
Required Actions
To resolve this matter fairly and in accordance with regulatory expectations, I require that GroupNexus:
1. Immediately cease all enforcement action, including debt recovery, while the POPLA appeal remains pending.
2. Confirm in writing that you have withdrawn all active enforcement measures until a final POPLA decision is reached.
3. Provide an explanation as to why these procedural breaches have occurred and what corrective measures you will take to prevent future non-compliance.
Next Steps
If you fail to confirm compliance with these actions within 14 days of the date of this letter, I will escalate this complaint to the DVLA, the British Parking Association (BPA), and Trading Standards, citing unfair consumer practices and non-compliance with the industry codes of practice governing private parking enforcement.
Please treat this matter with urgency and confirm receipt of this complaint at your earliest convenience. I expect a full response no later than [Response Deadline – 14 Days from Letter Date].
Yours faithfully,
[Your Name]
Your Contact Information]
Hicks Lodge, the National Forest Cycle Centre, is land under statutory control. Land under statutory control typically falls under the jurisdiction of byelaws or legislation, such as local government acts, railway byelaws, or specific statutory instruments.
Hicks Lodge is managed by Forestry England, which operates as part of the Forestry Commission, a statutory body. The Forestry Commission operates under the Forestry Act 1967 and has established byelaws to regulate activities on the lands it manages. These byelaws, known as the Forestry Commission Byelaws 1982 (https://www.forestryengland.uk/sites/default/files/documents/Forestry%20Commission_Byelaws.pdf), apply to all lands under the Commission's management or control where the public has, or may be permitted to have, access.
One of the key provisions of the Forestry Commission Byelaws 1982:
As such, it is not relevant land for the purposes of PoFA which means that the Keeper cannot be liable. Group Nexus have no idea of the driver identity and there is no legal obligation on the Keeper to identify the driver to an unregulated private parking company.
As GroupNexus has issued a Notice to Keeper (NtK) claiming that they have the right under the Protection of Freedoms Act 2012 (PoFA) to hold the Keeper liable for an alleged parking contravention on land that is not 'relevant land' under PoFA, such as the Hicks Lodge car park, they are acting unlawfully by misrepresenting their legal position.
Claiming a right under PoFA to hold the Keeper liable on non-relevant land constitutes a misrepresentation of the law, which breaches the Consumer Protection from Unfair Trading Regulations 2008 (CPUTRs) which prohibits businesses from making false or misleading claims that influence consumers' decisions. It is also a breach of The Fraud Act 2006 (Section 2). If the misrepresentation is deliberate and intended to gain a financial advantage (e.g., payment of a charge), this constitutes fraud.
GroupNexus is a member of the British Parking Association (BPA) and the BPA/IPC Private Parking Single Code of Practice (PPSCoP) requires members to adhere to the law. Misstating the applicability of PoFA breaches the PPSCoP and is grounds for a complaint to the BPA.
I advise that you send a formal complaint to GroupNexus, which met also be considered as an appeal under section 11.2 of the PPSCoP. Send it as a PDF attachment in an email to info@groupnexus.co.uk. Let's see how they respond:
GroupNexus
Jack Straws Castle
12 North End Way
London, NW3 7ES
By email: info@groupnexus.co.uk
[Date]
Subject: Formal Complaint and Appeal Regarding Notice to Keeper [Reference Number]
Dear Sir/Madam,
I am writing as the Registered Keeper regarding the Notice to Keeper (NtK) issued by GroupNexus, reference [insert reference number], for an alleged parking contravention at Hicks Lodge, the National Forest Cycle Centre.
This correspondence is a formal complaint and must also be considered an appeal under Section 11.2 of the Private Parking Single Code of Practice (PPSCoP).
Grounds of Appeal and Complaint
1.
Misrepresentation of Keeper Liability under PoFAYour NtK claims that the registered Keeper is liable for this parking charge under the Protection of Freedoms Act 2012 (PoFA). However, Hicks Lodge is managed by Forestry England and is subject to the Forestry Commission Byelaws 1982. Land subject to statutory control is not "relevant land" as defined in Schedule 4, Paragraph 3(1)(c) of PoFA, and therefore PoFA cannot be used to transfer liability to the Keeper.
2. Right to Issue PCNsWhile GroupNexus may have a valid contract with the landowner allowing the issuance of Parking Charge Notices (PCNs) for alleged contractual breaches, your NtK misrepresents your ability to rely on PoFA to hold the Keeper liable. As the land is not relevant land under PoFA, you can only pursue the driver of the vehicle, whose identity has not been disclosed.
3.Compliance with the PPSCoPYour NtK fails to meet the requirements of the PPSCoP, including:
• Transparency: Misstating the applicability of PoFA breaches transparency standards.
• Accuracy: Failing to acknowledge the land's statutory control.
Required Actions
I formally request that you:
1. Cancel the Parking Charge Notice immediately, as it has no legal standing against me as the registered Keeper.
2. Provide written confirmation that no further action will be taken against me.
3. Ensure all future NtKs issued for land not classified as relevant under PoFA are amended to avoid misrepresentation.
Failure to resolve this complaint satisfactorily will result in escalation to:
• The British Parking Association (BPA) for breaches of the PPSCoP.
• Trading Standards for misrepresentation of legal rights.
• The Information Commissioner's Office (ICO), if there is evidence of improper handling of personal data.
I expect a full response to this complaint and appeal within the timeframe set out in the PPSCoP.
Yours faithfully,
[Your Full Name]
Registered Keeper of Vehicle [Registration Number]